After Roe Fell: U.S. Abortion Laws by State

Expanded Access

Oregon

Abortion remains legal in Oregon. State law protects abortion and Oregon has enacted additional laws to expand abortion access.

State Legal Details

Restrictions in Effect

  • TRAP requirements: Providers, Reporting Requirement

State Protections

Oregon law includes statutory protection for abortion.1 In 2023, Oregon protected abortion as a fundamental right: “Every individual has a fundamental right to make decisions about the individual’s reproductive health, including the right to make decisions about the individual’s reproductive health care, to use or refuse contraception, to continue the individual’s pregnancy and give birth or to terminate the individual’s pregnancy.”2

Although Oregon added an equal rights amendment (ERA) by voter initiative in 2014, the ERA has not yet been interpreted as to whether it protects abortion.3 The amendment states: “Equality of rights under the law shall not be denied or abridged by the State of Oregon or by any political subdivision in this state on account of sex.”

Oregon provides public funding for abortion4 and requires private insurance coverage of abortion.5  The state does not restrict the type of health-care practitioner who can provide abortion care, if the health-care provider is acting within the scope of their health care provider license. 6

In 2023, Oregon enacted an interstate shield law protecting providers, patients, and people who help others access abortion from the reach of out-of-state investigations, professional licensure consequences, adverse actions by insurance carriers, and the disclosure of information.7 The law also specifies that young people under the age of  15 can consent to abortion care without parental involvement.8

In 2022, the Oregon legislature appropriated $15 million to the Reproductive Health Equity Fund to provide immediate support, including travel expenses and lodging, for people seeking abortions in Oregon.9 The state protects clinic safety and access by prohibiting the obstruction of health-care facilities.10

Restrictions

Oregon requires abortion providers to submit reports to the state.11

Historical Restrictions

Oregon repealed its pre-Roe ban in 1983.12

Conclusion

Now that the Supreme Court has overturned Roe, abortion remains legal in Oregon. State law protects abortion, and Oregon has enacted additional laws to expand abortion access.

  1. Or. Rev. Stat. § 435.240; Or. Rev. Stat. § 436.215. ↩︎
  2. H.B. 2002, 82nd Leg., Reg. Sess. (Or. 2023). ↩︎
  3. Or. Const. art.. I, §46 (added by voter initiative Measure 89, approved Nov. 4, 2014, eff. Dec. 4, 2014). ↩︎
  4. Or. Admin. R. 410-130-0562; See Planned Parenthood Ass’n v. Dep’t of Human Res., 663 P.2d 1247, 1261 (Or. Ct. App. 1983), aff’d on other grounds, 687 P.2d 785 (Or. 1984) (striking down administrative rule denying funding for medically necessary abortions). ↩︎
  5. Or. Rev. Stat. § 743A.067(2)(g). ↩︎
  6. Or. Rev. Stat. § 435.240(1)(c). ↩︎
  7. Or. Rev. Stat. §§ 15.430(8) (identifying actions governed by Oregon law), 24.500 (policy for out-of-state shield protections), 675.070, 675.540, 677.190 (licensure protections), 676.313 (prohibiting adverse actions by insurance carriers), 192.820 (address confidentiality program). ↩︎
  8. H.B. 2002, 82nd Leg., Reg. Sess. (Or. 2023), amending Or. Rev. Stat. § 109.640. ↩︎
  9. H.B. 5202 § 3658, 81st Leg., Reg. Sess. (Or. 2022). ↩︎
  10. Or. Rev. Stat. § 166.119 (prohibiting the physical obstruction of health care facilities as well as excessive phone calls that serve no purpose and unreasonable noise); see also Or. Rev. Stat. § 435.240(1)(b) (generally prohibiting interference or restriction on the choice of a consenting individual to exercise reproductive health rights). ↩︎
  11. Or. Rev. Stat. § 435.496. ↩︎
  12. Or. Rev. Stat. § 435.405 et seq. (repealed by 1983 Or. Laws c. 470, § 1). ↩︎